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Re:Amicus brief on behalf of 97 tech companies by chx on Monday February 06, 2017 @04:59AM (#13578070)
> If this approach were upheld, future orders might apply to any nation, and suddenly and unexpectedly bar its nationals from entering or returning to the United States.

Aye, this is the crux of the matter, isn't it? I have a plane ticket from Canada to Europe in August, transiting in the USA and I have already contemplated changing my routing because who knows whether I will be admitted? Yes, the chances are heavily slanted towards yes in my specific case but... What I am trying to say: it makes absolutely impossible to plan travel, business into the USA if this order stands for everyone because who knows whether you will be targeted next.

I am slightly surprised to not see Boeing here, they are set to lose an enormous amount of money in Iran.

Re:Amicus brief on behalf of 97 tech companies by hajile on Monday February 06, 2017 @09:37AM (#13579739)
The entire "unreasonableness" is based on the idea that this was Trump randomly banning countries.

Obama's administration (not Trump's) compiled the list of countries. It wasn't racial or "because they're Muslim" (most Muslims aren't banned).

What was the common thread between the countries? 6 out of the 7 countries have been on and off the US "State Sponsors of Terror" list for the past 40 years. Somalia (the one that hasn't been on the list) has spent most of the last 25 years in anarchy.

The law also explicitly gives the president the right to make the decision (see section f https://www.law.cornell.edu/uscode/text/8/1182).

In 1993, SCOTUS ruled that a much longer ban against the poor, non-terrorist, mostly black Haitian immigrants by Bush Sr. and Clinton was legal in an 8-1 ruling (http://www.nytimes.com/1993/06/22/us/the-supreme-court-high-...).

The constitutional claim doesn't hold water (foreign nationals have no right to travel in the US and the countries were selected for terrorist connections). That leaves only interpretation of the law, but the law clearly states POTUS has the authority. A 3 month break to find out what policies to put in place against 7 problematic and terrorist sponsoring countries is hardly something SCOTUS will find unreasonable.

EDIT: for the record, I think the bans are ineffective at stopping terrorists and are just Trump following through on his populist promises. That's different from the legality of the decision. This isn't the only thing Trump is doing While everyone has eyeballs here, they miss everything else that's happening in DC, and he still gets to look good when SCOTUS agrees with him.

Re:Amicus brief on behalf of 97 tech companies by rayiner on Monday February 06, 2017 @10:51AM (#13580518)
> The constitutional claim doesn't hold water (foreign nationals have no right to travel in the US and the countries were selected for terrorist connections).

The Constitutional claims are very strong, at least as applied to certain groups of people affected by the EO: https://news.ycombinator.com/item?id=13531117.

You are conflating the right to enter the U.S. with due process rights relating to denial of U.S. entry. Only citizens have a right to enter the U.S. (i.e. they cannot be denied entry, period). But the Supreme Court has squarely held that permanent residents, at least, have a right to due process before being denied re-entry. That doesn't mean the government can't deny them re-entry, but it does mean that the government cannot do what it did here: deny them re-entry without individualized process (usually, a hearing).

The EO is going down. The only question is what parts of it will survive.

Re:Amicus brief on behalf of 97 tech companies by hajile on Monday February 06, 2017 @11:05AM (#13580697)
There's a big difference between denied re-entry and delayed re-entry.

Delaying a re-entry application 3 months is hardly what passes for "unreasonable" in government circles. The fact that cases can still be reviewed and approved faster if necessary makes this even more reasonable legally.

> (e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest -- including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship -- and it would not pose a risk to the security or welfare of the United States.

Re:Amicus brief on behalf of 97 tech companies by rayiner on Monday February 06, 2017 @11:19AM (#13580879)
Permanent residents do not "apply" for reentry. They just need to show their green card and ID upon arriving in the U.S. Likewise, the EO did not merely delay visa applications. It denied entry, without any process, to people whose applications had already been approved and who had already received visas.

If the EO had merely delayed applications for three months pending additional procedures, courts across the country wouldn't be granting TROs to stop enforcement of it.

Re:Amicus brief on behalf of 97 tech companies by willstrafach on Monday February 06, 2017 @09:44AM (#13579812)
These are all common arguments brought up to argue against those who oppose the EO, but not a single point made seems to be related to the comment you have replied to. Could you clarify what you are trying to say?
Re:Amicus brief on behalf of 97 tech companies by TenOhms on Monday February 06, 2017 @09:49AM (#13579856)
Possibly since the OP expressed concern that their travel plans could be interrupted without notice, but that doesn't appear to be a warranted concern since the exact same temporary bans were put in place by previous presidents including President Obama and are therefore nothing new.
Re:Amicus brief on behalf of 97 tech companies by dragonwriter on Monday February 06, 2017 @01:07PM (#13582190)
> the exact same temporary bans were put in place by previous presidents including President Obama

Except, and here's the key thing, that never happened.

In response to a specific, concrete threat Obama instituted a much more limited delay on certain applications from Iraq in 2011 which had no effect on most visa categories or any already issued visas or LPRs.

And in 2015, the 7 countries subject or the 90 day ban in the Trump order were removed (4 by legislation, 3 by executive action) from the Visa Waiver Program, but no ban or delay of new visas, and no ban of entry by LPRs or persons with valid existing visa, was instituted.

People defending the Trump policy as nothing new continue to try to blend the 2011 action, the 2015 action, and a healthy dose of pure fantasy to argue that Obama did exactly what Trump did in this EO, but that is completely false and utterly dishonest.

Re:Amicus brief on behalf of 97 tech companies by roywiggins on Monday February 06, 2017 @10:29AM (#13580268)
When did Obama institute travel bans on already-issued valid visas?
Re:Amicus brief on behalf of 97 tech companies by mrgoldenbrown on Monday February 06, 2017 @10:56AM (#13580582)
>the exact same temporary bans No. The Obama era bans were not at all the same. Citation please. I would counter-cite, but that's hard to do when you don't mention which Obama action you are claiming as exactly the same.
Re:Amicus brief on behalf of 97 tech companies by tdb7893 on Monday February 06, 2017 @11:27PM (#13587017)
My understanding is that it is different in at least these ways: 1. Was focused on a specific threat 2. Didn't apply retroactively, to all green card holders 3. Didn't fully stop the programs, just slowed them down as processes changed

I'm not super familiar with Obama's original order but any one of these three differences I think is enough to say that his order was substantially different.

Re:Amicus brief on behalf of 97 tech companies by willstrafach on Monday February 06, 2017 @10:25AM (#13580237)
I hear this often, but I have not been able to find anything recent which would cause the same level of problems and uncertainty as this EO did.
Re:Amicus brief on behalf of 97 tech companies by kevinmchugh on Monday February 06, 2017 @09:41AM (#13579777)
This doesn't appear to be at all responsive to the concern expressed in the comment you're responding to.
Re:Amicus brief on behalf of 97 tech companies by hajile on Monday February 06, 2017 @09:54AM (#13579900)
> > If this approach were upheld, future orders might apply to any nation, and suddenly and unexpectedly bar its nationals from entering or returning to the United States.

> Aye, this is the crux of the matter, isn't it? I have a plane ticket from Canada to Europe in August, transiting in the USA and I have already contemplated changing my routing because who knows whether I will be admitted?

It is a direct response to "the crux of the matter". Trump isn't going to be banning countries on a whim.

I read in the news that the police detained up a murder suspect. Now I'm afraid that the police are coming for me even though I haven't hurt anyone. Logical?

Country A is temporarily banned for sponsoring or harboring terrorists. Person in Country B is afraid of being banned too even though their country doesn't support terrorism. Logical?

People are wrongly arrested every day. Few if any countries have been banned unjustly. If we cry out against a temporary ban, why not cry out even more about the wrongful arrests that take place much more frequently?

Re:Amicus brief on behalf of 97 tech companies by soundwave106 on Monday February 06, 2017 @10:51AM (#13580529)
The wrongful arrest argument seems to be a straw man argument against the original concern (though I'll add that wrongful police shootings in particular are a subject of much concern, and have sparked major protest movements in America, actually.)

From my perspective, I am guessing that a lot of the original poster's issue comes from the more or less the haphazard, shoot from the hip way this executive order was implemented (temporarily blocking even green card holders for instance)... combined with Trump's past primary campaign rhetoric, which did call for a complete ban of all Muslims from the US at one point. It's less about what was in the order and more about how it was executed, in other words.

I am curious what makes you feel confident in your statement "Trump isn't going to be banning countries on a whim". That sounds a little too strongly certainty to me given the above.

Re:Amicus brief on behalf of 97 tech companies by dmschulman on Monday February 06, 2017 @10:08AM (#13580046)
If this law was really about fighting state-sponsored terrorism why aren't saudi arabia, uae, and egypt, all countries who have carried out terrorist attacks on the united states, on the travel ban list?
Re:Amicus brief on behalf of 97 tech companies by skrowl on Monday February 06, 2017 @10:33AM (#13580326)
This argument is FUD.

Saudi Arabia, UAE, etc weren't "banned" because they share a great deal of information with us about people seeking entry into our country. The 7 "banned" countries do not. It's that simple.

It's about information exchange. We can't get enough info from the 7 "banned" countries to make informed pass/fail decisions about their travelers.

Re:Amicus brief on behalf of 97 tech companies by hvo on Monday February 06, 2017 @11:23AM (#13580929)
Iraq, where US contributed to the establishment of the present regime and where some remaining American soldiers are still there, does not share information with you? Seriously.

If sharing information with you as you said here is the most important yardstick,rather than subtle religion test,why is North Korea is not on the list?

Re:Amicus brief on behalf of 97 tech companies by ConfuciusSay02 on Monday February 06, 2017 @04:56PM (#13584574)
Are you suggesting when Obama added Iraq to the list he was lying about what information they share?

North Korea is not on the list because literally nobody is travelling from North Korea to the United States.

Re:Amicus brief on behalf of 97 tech companies by jakelazaroff on Tuesday February 07, 2017 @02:06AM (#13587690)
No, GP is suggesting that "sharing information about people seeking to enter our country" is not the reason any of these countries were in- or excluded from this list.
Re:Amicus brief on behalf of 97 tech companies by hajile on Monday February 06, 2017 @10:27AM (#13580251)
Saudi Arabia and UAE exert a lot of economic power with their oil reserves and control OPEC (together they make about half of Opec's oil and Opec controls about 40% of the world's oil supply). Stop their terrorists by banning everyone or risk an even bigger economic attack. Not a great choice.

As to Egypt, from what I've read, the current Egyptian government is trying to play ball with the US. No need to upend things.

Obama's people knew what they were doing (and probably knew a lot more than you or I). I'd love to know why Lebanon isn't on the list though.

Re:Amicus brief on behalf of 97 tech companies by conistonwater on Monday February 06, 2017 @01:53PM (#13582678)
> I think the bans are ineffective at stopping terrorists and are just Trump following through on his populist promises.

I think you are totally missing the main opposition to the ban: not only is it ineffective, it also harms innocent people. So saying "he's following through on promises" should not be nearly enough to justify it. After all, one is entitled to expect the president to do a good job, not merely a legal job.

Re:Amicus brief on behalf of 97 tech companies by dontyouremember on Monday February 06, 2017 @10:51AM (#13580527)
Trump explicitly called for a Muslim ban during the campaign. Rudy Guiliani is on camera saying that this EO was drafted as a legal way to implement a Muslim ban.

I am not a lawyer, but is seems like it should be illegal to deny refugees or immigrants based on religion.

Re:Amicus brief on behalf of 97 tech companies by jahnu on Monday February 06, 2017 @05:56AM (#13578347)
I really really wish the U.S. would implement some sort of transit facilities and regulations for airports. Needing a visa just to pass through without ever needing to leave a secure section of an airport is ridiculous and anachronistic.
Re:Amicus brief on behalf of 97 tech companies by fennecfoxen on Monday February 06, 2017 @06:14AM (#13578438)
- At many smaller US airports, this is more convenient overall. There is no overhead from running a special "international" section, detached from the rest of the terminal facilities like restaurants and lounges and toilets, and US-border-style security for people going back and forth between the two: you just have everyone go through immigration straight after getting off the plane and you're done with it. Unlike Europe, there are relatively few surrounding nations, so more international travellers end up arriving in the US instead of connecting. Canada-to-Mexico and Europe-to-South-America traffic is small in comparison to non-Schengen-zone traffic heading through, say, CDG.

- This would still make sense to have at many hub airports (NYC and Atlanta come to mind) - but as the Wall Street Journal points out in this lovely article, "American airports are typically run by politicians in conjunction with the dominant airlines, which help finance the terminals in return for long-term leases on gates and facilities. The airlines use their control to keep out competitors; the politicians use their share of the revenue to reward unionized airport workers. No one puts the passenger first." -- https://www.wsj.com/articles/third-world-u-s-airports-that-i...

- In the case of New York especially, you'll note that the Port Authority runs ALL the airports: JFK, LGA, Newark. Yep, these are the same people who run the world's most favorite bus terminal ever. And (as the same article above notes), "Federal law generally requires that airport revenues be spent on aviation, but that statute, passed in 1982, contains a grandfather provision excluding the Port Authority." So your landing fees are subsidizing the fancy over-budget new World Trade Center PATH terminal, among other nonsense, instead of keeping your airports from falling apart, let alone making improvements for international passengers.

Re:Amicus brief on behalf of 97 tech companies by aub3bhat on Monday February 06, 2017 @06:26AM (#13578489)
The WTC PATH Terminal is brilliant infact unlike the boring Penn Station/ Port Authority Bus Terminal, its a piece of architecture fitting to the reputation of the city for next century. You can't complain about Port Authority and then deride the new PATH station in same argument.
Re:Amicus brief on behalf of 97 tech companies by fennecfoxen on Monday February 06, 2017 @06:39AM (#13578534)
The terminal is pretty. But it was 10 years behind schedule. It costs $3.75 BILLION dollars to build, making it the world's most expensive transportation hub. And it runs about 46,000 passengers a day. (Compare and note that Grand Central does five and a half times that many).

It was not worth it.

Even the director of the Port Authority (the one in 2015, not the one when it was approved) declined to hold an opening ceremony because he was troubled at the cost overruns, decrying the station as a "symbol of excess".

Re:Amicus brief on behalf of 97 tech companies by xoa on Monday February 06, 2017 @08:37AM (#13579247)
Not that I disagree with you at all about cost overruns and schedule delays being an issue, or poor incentive structures all around being an even bigger issue, but going by your numbers:

>The terminal is pretty. But it was 10 years behind schedule. It costs $3.75 BILLION dollars to build, making it the world's most expensive transportation hub. And it runs about 46,000 passengers a day. (Compare and note that Grand Central does five and a half times that many). It was not worth it.

That... doesn't actually sound bad? According to what you wrote there it's serving around 16-17 million passengers a year, which would mean the entire $3.75 billion only works out to ~$220 a passenger for a single year, so it could be entirely recovered by a surcharge or temporary rate bump or whatever of around 50-60 cents a day in just a single year. If built properly so the capex can be amortized across five years or a decade or more, all that drops proportionally. That doesn't seem like a huge ask in NYC.

I mean yeah, it certainly apparently is far from the most efficient design. But even so it's worth considering that even a public infrastructure project here with huge scheduling delays and cost overruns that produces a big upfront bill isn't necessarily that inefficient compared to other forms of competing transport (like cars). It's easy to get too silo'd and forget the fundamental efficiencies and reliability vs the wider world, and in many cases it might be worth "reinvesting" some of those gains in the form of making something more aesthetically pleasing (and thus attractive to the public users) or politically greased, because even if it's worse relative to an internal ideal it might still be better for society. And humans are humans, sometimes some "inefficiency" is necessary from a practical standpoint.

The real question I'd have isn't the one time capex, it's ongoing maintenance. If all that money went into building something that'll be extremely reliable and have either equal or lower maintenance structures vs the rest of the stations, amortization can take care of the rest all right. If however delays and other issues result in higher running costs, that's a much much bigger deal and would be more interesting to know about then the $3.75 billion upfront.

Re:Amicus brief on behalf of 97 tech companies by sp332 on Monday February 06, 2017 @09:31AM (#13579675)
Many passengers are the same from one day to the next. (They might even be counted twice a day, coming and going.) So it's more like $220 every time a traveler goes through the terminal, which could be tens of thousands per year for some people.
Re:Amicus brief on behalf of 97 tech companies by fennecfoxen on Monday February 06, 2017 @02:59PM (#13583287)
> the entire $3.75 billion only works out to ~$220 a passenger for a single year.

It works out so that $220 extra per commuter per day would pay off the station in a year. If you wanted to pay it off like a mortgage at 2.5% interest over 30 years, that'd be a a rate of about $322/mo.

For comparison, a 30-day unlimited pass for the entire PATH system currently runs $89.

Re:Amicus brief on behalf of 97 tech companies by rythie on Monday February 06, 2017 @06:02AM (#13578383)
I agree, the transit visa situation is really odd. I wonder how much money the U.S. loses by requiring visa from those travelling from Central+South America to Europe and the rest of the world. I know people personally that can't pick the quickest/cheapest route because it transits through the U.S.
Re:Amicus brief on behalf of 97 tech companies by amelius on Monday February 06, 2017 @07:42AM (#13578905)
Also ridiculous in many countries is the requirement that your passport is valid for X months in the future, where X is usually at least 6.
Re:Amicus brief on behalf of 97 tech companies by TenOhms on Monday February 06, 2017 @09:52AM (#13579884)
That does strike me as odd too, so do they at least let you renew them 6 months prior to the passport's expiration?
Re:Amicus brief on behalf of 97 tech companies by bmelton on Monday February 06, 2017 @11:23AM (#13580938)
> I am slightly surprised to not see Boeing here, they are set to lose an enormous amount of money in Iran

I suspect that a likely reason is that Boeing is headquartered in Chicago, which doesn't fall under the purview of the Ninth Circuit. They may or may not be party to a similar filing for the Seventh Circuit.

Re:Amicus brief on behalf of 97 tech companies by richardwhiuk on Monday February 06, 2017 @05:09AM (#13578123)
The Boeing Iran deal is exempted under the Iran nuclear deal (the JCPA). I expect Boeing also doesn't want to raise the administrations hackles regarding various defence contracts.
Re:Amicus brief on behalf of 97 tech companies by chx on Monday February 06, 2017 @05:11AM (#13578138)
Hrm, I am apparently wrong, http://presstv.com/Detail/2017/02/02/508809/Iran-says-Trump-... it seems by now they don't want to cancel.
Re:Amicus brief on behalf of 97 tech companies by peteretep on Monday February 06, 2017 @05:20AM (#13578181)
Bombardier, Embraer, and Airbus must be salivating
Re:Amicus brief on behalf of 97 tech companies by ams6110 on Monday February 06, 2017 @10:02AM (#13579986)
Is there any precedent for overturning a legal order based on what "future orders" might be?
Re:Amicus brief on behalf of 97 tech companies by JMCQ87 on Monday February 06, 2017 @10:16AM (#13580135)
Might be because Boeing only is seen as a tech company in the DC area, if at all. ;)